Balustrades and window safety in strata: what the rules require and what committees should check

Balustrades and window restrictors are small items on a building's asset list and large items on its risk list. A fall from a balcony or window can be fatal, and the rules that apply are specific: heights, gap sizes, loads and, for windows in strata buildings, a legal duty that sits with the owners corporation. This article sets out what those rules say and how a committee can check its building against them.

Balustrades and barriers: what the National Construction Code requires

The National Construction Code (NCC) sets the minimum for new work. The figures below come from NCC 2022. For apartment buildings (Volume One), the barrier clauses are in Part D3; for houses and townhouses (Volume Two, Housing Provisions), they are in Part 11.3.

• When a barrier is needed. A continuous barrier is required along balconies, decks, stairs, ramps and similar trafficable surfaces where a person could fall 1 m or more (Volume One D3D17(1); Housing Provisions 11.3.3).
• Height. 1 m in most locations such as balconies and landings, and 865 mm above the nosings of a stair or the floor of a ramp (Volume One D3D18).
• Gaps. Openings in a required barrier must not allow a 125 mm sphere to pass through (D3D19(1)). Where a barrier is fixed to the face of a slab or edge, the gap between the barrier and that face must not exceed 40 mm (D3D19(6)).
• Climbability. Where the floor is more than 4 m above the surface below, the barrier must not have horizontal or near-horizontal elements between 150 mm and 760 mm above the floor that could help a child climb it (D3D20).

The Australian Building Codes Board changed the gap rule for face-mounted balustrades in the 2022 edition, because the older allowance was considered hazardous. That is why a balustrade that was compliant on installation years ago may have gaps that would not pass today.

Existing balustrades

The NCC applies to building work, so it does not automatically require every older balustrade to be upgraded. But when a balustrade is replaced or altered, or when the work needs approval, the new work is generally assessed against the code in force. Ask your certifier what applies to the specific job.

What does apply to every building is the duty to maintain. Under the Strata Schemes Management Act 2015, the owners corporation must properly maintain and keep in good and serviceable repair the common property. A corroded balustrade post or a loose glass panel is a maintenance failure, whatever year the building was built.

Window safety devices: the strata law

NSW has a specific rule for children and windows in strata buildings, in section 118 of the Strata Schemes Management Act 2015 and clause 30 of the Strata Schemes Management Regulation 2016.

• The duty. The owners corporation must ensure there are complying window safety devices for all windows to which the section applies. The maximum penalty is 50 penalty units.
• Who pays. The owners corporation carries out the work at its own expense, and may carry out work on any part of the parcel.
• Which buildings. Buildings in a strata scheme that contain lots used for residential purposes.
• Which windows. A window that can be opened, where the lowest level of the opening is less than 1.7 m above the internal floor, and that floor is 2 m or more above the ground or external surface below. It must be either a window on common property that can be reached from a residence, or a window on a part of the building that is part of a residence.
• What counts as a complying device. A screen, lock or other device that:
  • restricts the opening so a 125 mm sphere cannot pass through,
  • resists an outward horizontal force of 250 newtons, and
  • has a child-resistant release mechanism, if it can be removed, overridden or unlocked.
• Owners who install their own. An owner may install a complying device on a window in their own lot, must repair any damage to common property and make sure it is installed properly, and must give written notice to the owners corporation within 7 days after completing the installation.

Section 13 of the Act's transitional provisions set 13 March 2018 as the date from which this duty could be enforced, so it has been enforceable for years.

A practical check for committees

1. Walk the building. List every window and balcony door that meets the height tests above and record whether it has a device and what type.
2. Test the devices. Do they limit the opening to under 125 mm? Do they hold when pushed? Is the release hard for a young child to operate?
3. Check the balustrades. Measure height, look for gaps wider than 125 mm, check the gap at the slab edge, and look for horizontal rails a child could climb.
4. Look for corrosion and movement. Rust staining at base plates, loose posts, cracked glass and failed sealant around fixings are all warning signs. Concrete cracking or spalling around fixings can be a structural matter, so involve an engineer.
5. Keep records. Photos, dates and any notices from owners about devices they have installed.
6. Put it in the plan. Replacement or upgrade of balustrades belongs in the capital works fund plan.

Balustrade repairs and waterproofing are linked

Balustrade posts are fixed through or beside the balcony slab, and each fixing is a potential point where water enters. Replacing a balustrade without protecting the membrane can cause the leak you were trying to avoid. See our posts on facade and balcony waterproofing and where buildings leak. Fixings should be inspected before they are covered, in line with the hold-point approach in our handover record post.

Working with us

We can inspect balconies, balustrades and windows against the checks above, report in plain English with photos, and scope any repair so quotes can be compared like for like. We do this alongside your strata manager through our Strata Inspections & Repairs service. To talk about your building, get in touch.

Sources

• Strata Schemes Management Act 2015, section 118 (Window safety devices—child safety), NSW Legislation via AustLII
• Strata Schemes Management Regulation 2016, clauses 30 and 31, NSW Legislation
• Strata Schemes Management Act 2015, section 106, NSW Legislation via AustLII
• NCC 2022 Volume One, Part D3 Construction of exits, Australian Building Codes Board
• NCC 2022 Housing Provisions, Part 11.3 Barriers and handrails, Australian Building Codes Board

This article is general information, not legal, engineering or technical advice for your building. Which rules apply depends on your building's age, class and approvals, so get advice from a certifier, an engineer where structure or fixings are involved, and a strata lawyer. Full website disclaimer